Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1887-01-25
APPLICATION FOR PATENT.

APPLICATION FOR PATENT.
Where papers have once been filed with the
Register and Receiver they become . part of
the record, and can neither be Withdrawn nor
returned, but must be transmitted TO the Gen
eral Land Office.
An application Will be rejected when the
scrtption Of the premises 10 erroneous or
sufficient.
Application for patent will be rejected be-
cause:
First : The notice was published without the
knowledge Of the Register.
~second-The notice was not published In Q
claim.
Third--Record title was found detective,
md
Fourth--A previous application had been
made for the same premises. which was with
drawn pending . suit in Court commenced by
the adverse claimant.
An application for patent will be rejected
when the survey does not accurately define tho
Where the claim was not lscatsd In scoord.
ance with Law.
Where several parties own separate and dis
tinct portions VI 9 claim, application for
patent may be made by either for tn II portion
OF the claim owned by hiin: but where several
parties own undivided interests in Q mining
claim all should join In an application for =
patent.
a PbEnoh W obbttt8tion may pux0U8U0 IL
many placer locations 81 the local Law admits,
and embrace them all In one application for .
patent.
Two or more lodes cannot be embraced In
one application for . patent except for placer
claims embracing two or more loass within
their boundaries
Papers sworn 10 before any person purport-
ing to act IS . deputy for the Register and Re-
ceiver cannot be recorded - evidences.
In all patents for mining claims situated
within the interior boundaries Of . town site
. clause 10 inserted Excepting and excluding
all town property, rights upon the surface,
and all houses, buildings. structures. lots.
blocks, streets, alleys or other municipal I'm
provements not belonging to the grantee here
In. and ell rights necessary or proper to the
occupation. possession and enjoyment Of the
same"
Publication of notice must be made q only
one newspaper for the period Of 60 days.
Notice must be published 10 consecutive
weeks in weekly newspapers. and in daily
newspapers 90 days must elapse between the
frat and last insertions.
| Where the Register designates the daily issue
Of q Newspaper fer publication Of notices Of Q
mining application for patent IL is not . COM
pltanoe with law TO change 10 the weekly sdi-
tion OF the same paper without authority Of
| the Register.
The existence OF q salt spring on . tract Of
land withdraws 1t from the operation Of the
homestead and p~re-emption laws, A hearing
for the purpose Of proving the agricultural
character OF such land 10 NOT allowed. Land
containing valuable deposits Of slate may be
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must file Q separate and
distinct claim against each application which
1t 10 alleged conflicts with the premises owned
by such adverse claimant
The papers in On adverse claim. once nisd.
cannot be Withdrawn. but become 90 9 part Of the
record.
Il Uh.. - n-.
not be amended 30 IS TO embrace . larger per-
ton OF the premises than thu described in the
original adverse claim.
An adverse claim must be made ont in
proper form and hied In the proper local ON cs
during the period Of publication Of the appli.
cation for the patent TO be effective.
1t 10 the duty Of the adverse claimant 0
commence suit In proper form within the re-
CURED time. and IL he trusts the uncertain
medium Of the United States mail he must
abide the consequences. shouid the delay
ensue, through misfortune or accident. should
the failure to commence suit be the result Of
the oriupto or dishonest action VI his attorney.
the Interior Department cannot redress the
wrong.
An adverse claimant should set forth In de.
tail the facts upon which he bases his adverse
claim. A statement In general terms, embody.
ing conclusions OF law. without stating the
facts specially. Will not be considered In evi.
dence.
An adverse claimant should show g compii.
snce with the local laws In recording his clsim
and In regard 20 expenditures. and shsil nile a
copy OF the original notice OF his loo cation, and
show the nature or extent Of the conflict
alleged.
An allegation Of parties 10 Q suit that they
compose the company IL sufacient, and they
are not required to prove that they are the
original ~locstors or the identical parties who
present the adverse claim.
AGRICULTURAL on MINERAL La xps,
Where land 10 of little, II any value. for seri.
cultural purposes, but 10 essential 10 the
proper development Of mining claims. II
should be disposed Of under the Mining Act.
Where lands containing valuable mineral
deposits have been included in an agricultural
entry. said entry will be cancelled 81 any time
prior to issuance OF pstent. upon satisfactory
posts.
Where valuable deposits Of mineral are dis
covered upon . tract sitter the same sas been
entered % agricultural, but before / stent has
been issued. the parties claiming the mine
may make application for patent for same,
and the agricultural entry win be oancsied 10
that portion OF the land embraced by said
mining claim.
Where mineral deposits are discovered on
agricultural lands after the patent has been
issued to an Agricultural claimant. tbsy mass
with the patent.
Agricultural College scrip cannot be
ceived In payment for claims.
| ALIENS.
A foreigner may msse Q mining location
dispose Of 1t. provided he becomes q citizen
before disposing OF the mine. Proof that the
party was not q citizen before disposlng Of hts
claim must be afirmatively shown.
Locators and intermediate owners, other
than applicants. will not be presumed aliens.
In the absence Of allegation or objection pricr
TO issuance Of patent.
The portion OF Q mining claim sold 10 an
alien cannot be patented while such owner is
an alien; but on his declsratoni o become a
citizen his right dates back to his purchaas.
aud he may thereupon secure United States
patent for hts claim.
GROSS LKDGEs.
Revised Statutes. Section 2. $50:
where two or more lodges crosa or iutersect
each other, priority Of title shall govern. ana
such prior location shall be entitled 70 All ore
or mineral contsined within the space Of inter.
section. but the subsequent location shall have
the right OF way through the space of inter
section for the purpose Of the convenient
working OF the mine. And where two or more
veins unite the oldest or prior location shall
take the vein below the point OF union. In.
ciuding all the space OF intersection.
TUNNELS.
There Is no authority Of law for q tunnel